Shirley selectmen correct Open Meeting Law violation

SHIRLEY -- Selectmen on Monday night defused an Open Meeting Law complaint filed with the state Ethics Commission by complying with the complainant's wishes, as stated in the complaint.

Resident Tim Hatch filed the complaint, alleging that the conduct of the board's May 23 meeting violated the law on two counts.

First, the posted notice of the meeting did not properly list, within the required 48 hours, a topic that would be discussed and on which a vote might be taken, Hatch said.

The topic in question concerned a lease amendment that the board unanimously voted to approve for a town-owned property on Groton Road where a solar farm was constructed and for which National Grid wanted the amendment to clarify the property's ownership.

Hatch's second OML complaint was that the "Energy Committee Update" listed on the agenda under "Old Business," during which the subject came up, did not provide adequate detail as to the topic that would be discussed.

What he wanted the board to do, Hatch said in the complaint, was to nullify the vote taken at the previous meeting, delay the discussion on the lease amendment to a future meeting and, in the meantime, post it properly.

The board did so. According to Chairman Kendra Dumont, Town Counsel advised the board on the do-over protocol.

Energy Committee Chairman Bryan Dumont explained, as he had previously, that when the existing lease agreement was being assigned to National Grid, the company did its homework.

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A title search showed an owner other than the town for the Groton Road property, acquired for delinquent taxes.

Given that National Grid was about to sign a 20-year lease with the town, they wanted to be sure there were no questions about land ownership, he said. Thus, the clarifying amendment, stating that the town owns the property and that there are no liens on it.

Echoing its previous vote, the board unanimously approved the amendment as presented.

In other business, selectmen considered a right-of-first-refusal option on a 10-acre parcel located on Great and Lawton roads, and owned by the Moore family, operating as Rockpile Realty Trust.

The property is being developed as a solar facility, and with that project proposal already approved by the necessary town boards, a portion of the land is only now being removed from Chapter 61A, triggering a process in which the town gets first dibs on buying it.

The board agreed that the town is in no position to buy the land. But there was another option. The right of first refusal could be assigned to another entity, such as a land trust or, as was suggested, the Department of Fish & Wildlife Land Acquisition Program.

Selectmen did not do so, but the issue generated lively discussion.

Fish & Wildlife agent Anne Gagnon explained why her agency would be interested in acquiring the land, which directly abuts a conservation easement with state conservation land beyond.

An attorney representing the owners said that because it's broken up by "easements," the land would be of little use to Fish & Wildlife or to the town as open space. Besides, he argued, "all the permits have been approved" to build the solar farm.

"Obviously, the town isn't in a position to purchase the land," Selectmen Chairman Kendra Dumont said, adding that "the owner should be able to do what he wants" with it.

Conservation Commission Chairman Dave Bortell weighed in. When the commissioners took up the matter last week, those present favored connecting existing conservation "corridors" by purchasing the property with state funds. In the absence of a quorum, it was a "straw vote," he said.

Calvin Moore of Ayer said his family has owned the land, which totals 50 acres, for a century and could have chosen residential development over the solar farm, which would generate substantial revenue for the town.

"It could have gone to house lots instead," he said, adding that the solar farm won't "burden the town" and will be minimally visible.

Resident Marie Elwyn was dismayed that another solar project would fell more trees.

"We only have so many trees and only so much wildlife," she said. "You're waving a few bucks in front of us again" in lieu of green acreage, she said.

In her view, it makes no sense to "make more electricity to stay cool" while losing shade trees.

"It's greedy," she said.

Gagnon said Fish & Wildlife would still like to get in on future plans for other town properties before it's too late.

"I understand that Mr. Moore wants to do this with his property" and that it's too late to assign this right of first refusal "at the 11th hour," she said.

But she asked the board to look at the big picture in terms of land conservation and open space next time an opportunity presents itself.

Also, Town Administrator Patrice Garvin put in a plug for hiring a full-time town planner. As discussed at a previous Town Meeting, a professional planner's oversight could have put all the puzzle pieces together on this and other nascent projects before they enter the permit pipeline, allowing the town to assess its options in a timely manner.

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